The High Court allowed an appeal under the SC/ST Act against a bail rejection. After hearing counsel, the Court set aside the impugned order and released the appellant on bail with conditions, requiring a bond of Rs.30,000.
Impugned order set aside; Appellant released on bail on furnishing bond of Rs.30,000 with surety for like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.96 of 2022
Bibhudata @ Bibhudatta Sahani …. Appellant Mr. R.K. Pattanaik , Advocate -versus-
…. State of Odisha and another Respondents Mr. M.K. Mohanty, A.S.C. Mr. S.N. Das, Advocate for the Respondent No.2
CORAM:
JUSTICE A.K. MOHAPATRA
Order No.
ORDER 17.05.2022
Respondent No.2 appears in Court today through Mr. Satyanarayan Das, Advocate and files Vakalatnama. The same is accepted and be kept on record.
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Ramachandrapur P.S. Case No.195 of 2021 registered under Sections 294/323/379/376/511, I.P.C. read with Sections 3(1)(r)(s)/3(2)(va) of the S.C. and S.T.(P.A.) Act.
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aforesaid case.
i. The Appellant shall not tamper with the prosecution evidence while on bail;
ii. he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; and
iii. he shall cooperate with the trial while on bail and shall not make any default in attending the court during trial on each date without fail;
In the event it is found that the appellant has made violation of any of the terms and conditions, this bail order shall automatically be revoked. Other terms and conditions shall be fixed by the court in seisin over the matter.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge
Jagabandhu
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3 issues framed by the court
Whether the bail application of the appellant should be granted in an appeal against the rejection of bail by the Sessions Court.
Whether the release of the appellant on bail would involve tampering with evidence or flight risks under the specific facts.
Whether the impugned order rejecting bail should be set aside.
3 provisions across 2 enactments
Bibhudata @ Bibhudatta Sahani
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
